Davey v. Davey

—In an action for a divorce and ancillary relief, the defendant husband appeals from an order of the Supreme Court, Westchester County (Tolbert, J.), entered March 7, 2001, which denied his motion pursuant to CPLR 4404 to set aside a determination of the same court, granting the plaintiffs application pursuant to CPLR 4401 for judgment as a matter of law, made at the close of all evidence in a jury trial on the issue of fault.

Ordered that the order is reversed, on the law, the defendant’s motion is granted, the determination granting the plaintiffs application pursuant to CPLR 4401 for…